Commonwealth v. Groom

Dissenting Opinion by

Hoffman, J.:

In 1969 appellant was convicted of rape after a trial by jury. Post-trial motions were filed but later withdrawn upon the advice of counsel. Appellant was then sentenced.

Subsequently, he filed a petition pursuant to the Post Conviction Hearing Act alleging, inter alia, the denial of his right to appeal. After a hearing the court held that appellant had waived his right to appeal because of his voluntary withdrawal of post-trial motions.

I believe that the Commonwealth has not shown that appellant’s withdrawal of post-trial motions was knowing and intelligent.…